The Abilene reflector. [volume] (Abilene, Kan.) 1883-1888, 1887-02-17

make SLrlcL exa0IlnzlGoo OF the copies OF air
| davits and records of numbers thereof furnished
/ him by the county clerk, and ascertain whether
; such druggist has returned all affidavits fur
nished him in blank By the county clerk and II
any such AFFIDAVIT or blank is missing said pro-
bate Judge shall require such druggist to hle in
stead thereof his affidavit showing as near as he
/ can what has become of such affidavit or blank.
For each series OF afddavits fled under the pro-
visions of this act the probate Judge shall col
lect fee OF sl-5o. [amended to read when a
fraction Of 100 is filed the fee shall De paid pro
I ratal which shall be paid by him on the frat
/ day Of each month into the county treasury for
! the benefit Of the general county revenue fund.
The probate Judge shall receive for his services
under this act, in addition 10 other fees allowed
| by law, salary of 80 per annum for
] each 1,00) inhabitants in such county,
the number to be determined by
the last annual census return of said county;
but in no case shall such salary exceed in the
aggregate the sum of 800 per annum to be
paid by the county commissioners as other sal
aries. amended 10 read the probate judge
shall receive no fees for his services except a
salary Of SIS per annum for each 1000 inhabit-
ants, and the limit increased from 500 TO 81 OOG
Every person whose affidavit so made for the
purpose Of obtaining Intoxicating liquors shall
be false in any material matter shall be deemed
guilty of perjury and shall be punished by con-
finemeRt and hard labor for period not ex-
ceeding two years, or by confinement in the
county jail not less than six months. Any per-
son VINO shall subscribe any name or character
other than his own name to an affidavit for the
purpose of obtaining intoxicating liquors as pro-
Vided herein. shall be deemed guilty of forgery
II the fourth degree, and punished therefor as
in other cases Of forgery. Every person who
shall sell or furnish Intoxicating liquors so OBJ
tanned By him upon affidavit to others as bev-
erage, shall he deemed guilty OF a misdemeanor
by fine of not less than 500 or more than 500,
and by Imprisonment in the county Jail not less
than thirty days nor more than ninety days No
druggist or pharmacist or assistant pharmacist
in his employ shall sell any of the Intoxicating
liquors mentioned herein. or administer the
oath or receive the affidavit thereof, except in
full view OF the front door of such place Of bust
ness. Every such druggist shall keep book
wherein shall be recorded all sales of intoxicat-
ing liquors made by him or his employees, show
ing the name and residence OF the purchaser,
the kind and quantity of the liquor sold. the
purpose for which it was sold, and the date of
sale. Such records and affidavits shall be open
for the inspection Of the public at all reasonable
times during business hours.
Sec. g. That section of chapter 12S of the ses-
sion laws of 1881, as amended by section of
chapter 149 of the session laws of 1885, be and
the same is hereby amended as TO read as
follows: Sec. Q. Every person having permit
to sell Intoxicating liquors or to manufacture
and sell Intoxicating liquors under the pro-
visions OF this act, or of the acts 10 which this
is amendatOry and supplemental, who shall sell
or barter such liquors in any other manner, or
for any other purpose than in said acts pro-
vided or who shall barter or sell the same to
any person when he has reason to believe that
the person purchasing the liquor is obtaining
the same for any other than the excepted pur-
poses, although he may have filed the AFFIDAVIT
as herein provided; or who shall sell to any
person under the influence of liquor, or who is
in the habit of becoming intoxicated; or who
shall allow liquor sold medicine or other
wise to be drunk on his premises [amended to
read except when administered by physicianl
or any apartment connected Herewith and I'M
der his control; or any druggist who shall use
or attempt TO return to the probate judge any
affidavit other than those provided for in this
act, who shall violate any of the provisions of
this act; and any pharmacist or assistant phar-
macist who shall place his jurat upon any aft
davit for the sale of intoXicants as provided
in this act, without first having seen the
applicant sign his name to the same
and sworn him thereto as provided by
law, shall be deemed guilty of a misde-
meanor, and upon conviction thereof, punished
by fine in any sum not less than 800 nor more
than 500, and be imprisoned in the county Jail
not less than thirty days nor more than ninety
the provisions OF this act, and Tor the period of
FIVE years thereafter his right to obtain per-
init; and in all cases where forfeitures are pro-
vided for under this act, the court shall declare
the same in rendering judgment in the action.
Section T. That section 13 of chapter 12S Of the
session laws of 1881, amended by section -
of chapter 149 of the session laws of 1885, be and
the same is hereby amended so as to read as |
follows: Section Is. All places where intoxicat-
MAJ har
given away in violation of any of the provisions
Of this act. or where persons are permitted to !
resort for the purpose OF drinking Intoxicating
liquors as a beverage, or where Intoxicating |
liquors kept for sale, barter or delivery in |
violation of this sot, are hereby declared to be
common nuisances; and upon the judgment of |
the court having jurisdiction finding such place
to be nuisance under this section, the sheriff,
his deputy or under sheriff, or any constable |
Of the proper county, or marshal OF any |
city where the same is located, shall be |
directed to shut up and abate such |
place, by taking possession thereof and |
destroying all such intoxicating liquors |
found therein, together with all signs, screens, |
bars, bottles, glasses and other property used !
IN keeping and maintaining said nuisance; and |
the owner or keeper thereof shall upon convic-
tion be adjudged guilty OF maintaining COM
mon nuisance, and shall be punished by fine
not less than 500 nor more than $500, and by
Imprisonment in the county Jail not less than |,
thirty days nor more than ninety days. The |
General county attorney or any citi-
zen Of the county where such nuisance exists,
Or is kept, or is maintained, may maintain eli
action in the name OF the State to abate and
perpetually enloin the same. The injunction
shall be granted at the commencement OF the
action, and no bond shall be required. ANY
person violating the terms of any injunction
granted in such proceedings shall be punished
or contempt by fine of not less than 500 nor
more than 800, or by Imprisonment in the
county Jail not less than thirty days nor more
han six months, or by both such fine and i'm
'risonment in the discretion of the court or
Judge thereof
Section 5. That section II OF chapter 149 of the
ession laws of 1895 be and the same is hereby
amended so as TO read as follows: Section H.
I shall be the duty OF the county attorneys to
diligently prosecute any and all persons violat-
ng any of the provisions of this &C: in their res
ective counties and to bring suit upon all
onds or recognizances forfeited immediately
fter the happening of such forfeiture to recover
he penalty and 10 pay all money so collected.
ess his fes for collecting the same, as herein
rovided, into the school fund of the county. II
ny county attorney shall fail, neglect or refuse
D faithfully perform any duty imposed upon
i'm by this act he shall be deemed guilty of I
and upon conviction thereof
hall be fined in any sum not less than |
100 nor more than $500. and be impris-
ned IN the county jail not less than ten days
or more than ninety days; and such conviction
hall operate as forfeiture of his office, and the
ourt before whom such conviction may be had
hall order and adjudge such forfeiture of
lice in addition to the fine iInDoSed as | {